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1990.09.05_TC_Minutes_Regular TOWN OF HIGHLAND BEACH TOWN COMMISSION MEETING MINUTES REGULAR MEETING Wednesday, September 5, 1990 7:30 P.M. Mayor Joseph A. Boulay called the Regular Meeting of the Town Commis- sion to order in Commission Chambers at 7:30 P.M. Present were the Mayor, Vice Mayor William E. Paul, and Commissioners Betty Jean Stewart, Marvin A. Waldman and Harold C. Chambers. Others in attendance were Town Manager Mary Ann Mariano, Town Attorney Thomas E. Sliney, Deputy Town Clerk Doris M. Trinley and members of the general public. The Pledge of Allegiance was given after roll call. ADOPTION OF AGENDA With consensus of the members, the agenda was amended to facilitate discussion with Chief Herman Brice, Fire/Rescue Administrator for Palm Beach County, regarding an interlocal agreement for fire/rescue ser- vices to be provided by the county. This item was placed just after Public Comments and Requests. APPROVAL OF MINUTES Upon MOTION by COMMISSIONER STEWART/VICE MAYOR PAUL, the following sets of minutes were approved as amended: July 17, 1990 - Special Meeting July 24, 1990 - Special Meeting July 31, 1990 - Worksho p Meeting August 7, 1990 - Regular Meeting August 7, 1990 - Public Hearing PUBLIC COMMENTS AND REQUESTS Michael Dent, a resident of Casuarina, asked if the Commission had postponed doing anything about a long-term water supply, saying he had seen nothing about this situation in Agenda Action Reports for the past two or three months. He said he was of the opinion that reverse os- mosis was the obvious solution and that no one had suggested anything which was cheaper or better. Mr. Dent further stated that Regular Meetings of the Commission should be returned to a 1:30 P.M. time slot; he commented that night meetings had not seemed to produce any more people in attendance. In this regard, the Town Attorney reminded Mr. Dent that the time change from afternoon to evening meetings had been done by ordinance and could only be reverted by ordinance. N . Town Commission Meeting Minutes September 5, 1994! Regular Meeting Page 2 of 11 Abraham Futernick, a resident of the Coronado, had questions about the start-up of a recycling program. Town Manager Mary Ann Mariano replied that this issue was on the agenda and would be addressed during the course of the meeting. Jose Echeverria, 1112 Russell Drive, said he agreed with Mr. Dent's comments about the water situation, stating that water is very impor- tant to the Town. In response to an inquiry by Commissioner Stewart if anyone in atten- dance had an interest in being interviewed for open positions on the Town boards, Frank Arenella, a resident of Regency Highlands, intro- duced himself and expressed interest in serving on the Community Ap- pearance Board, saying he had been a resident of Highland Beach for seven (7) years. In answer to Commissioner Chambers' questions, Mr. Arenella gave a brief outline of his background and said that although he had not attended any CAB meetings, he was comfortable with the board's meeting times and what work was involved. PROPOSED RESOLUTIONS AND ORDINANCES A RESOLUTION AUTHORIZING THE ENTERING INTO OF AN INTERLOCAL AGREEMENT PROVIDING FOR FIRE/RESCUE SERVICES IN THE TOWN OF HIGHLAND BEACH BY PALM BEACH COUNTY FIRE/RESCUE DEPARTMENT. • Mayor Boulay introduced Chief Herman Brice, Administrator for Palm Beach County Fire/Rescue, and asked if any Commission members had questions regarding the proposed contract. Vice Mayor Paul referred to a memo regarding Commissioner Chambers' meeting with Chief Brice sometime in August; as a result of that meeting, he had heard that the proposed contract might have been reduced by $104!,0410. He asked Chief Brice to respond. Chief Brice said that at Commissioner Chambers' request a meeting did take place, where discussions centered around the contract price, the possibility of the county leasing the Town-owned space they now occupy, and condominium sprinkler retro-fitting. He added that there was no final resolve to that meeting, except potential for leasing the Town's property, which Commissioner Chambers was advised would have to be done separately since the county could not reduce the contract price for the coming year, as there was no way the total fire/rescue budget could be reduced for the coming year. Noting that 11 municipalities are served by county fire/rescue, six (6) of which have voted into the MSTU and billed directly and five (5) in- cluding Highland Beach under contract, Chief Brice explained the formu- la used for the contract price. He said the formula used was once state law, now rescinded, but remains a county ordinance and sets rigid criteria: the county takes the valuation of a municipality and deter- . mines what percentage it is of overall county valuation and that is the percentage of fire/rescue budget paid by the municipality. For High- land Beach, he said 2.4°s was its share of the total budget for the coming fiscal year. Town Commission Meeting Minutes September 5, 1990 Regular Meeting Page 3 of 11 Referring to his meeting with Commissioner Chambers wherein a $100,000 figure was used based on the value of the Town's fire/rescue property, Chief Brice said that this figure was not something he agreed with during the discussions, and to consider that amount deducted from the Town's contract price would necessitate a $4 million reduction in the total budget. Chief Brice said that one of the things to come out of his meeting with the Commissioner was a clear understanding that retro-fit provisions for sprinklers in condominiums is an ordinance the fire/rescue depart- ment is charged to enforce and which they have no way of altering. He also advised Commissioner Chambers at that time that he was willing to negotiate a lease with the Town, separate from the contract, for the future. Commissioner Chambers agreed with Chief Brice's assessment of their meeting. At this time Commissioner Stewart asked the Chief if anyone other than Commissioner Chambers had approached him to discuss a leasing arrange- ment with Town. He replied that some of his staff had been meeting with the Town Manager and Town Attorney over the past year and had received correspondence in this regard. Commissioner Stewart stated that the rental aspect had been a topic at a Town Commission meeting on October 31, 1989, during which the Town Attorney had been instructed to approach Chief Brice regarding same. Citing various correspondence regarding a lease arrangement between the Town and the county since that meeting date, she stated the Commission was neither remiss nor late in asking for this to be considered under the upcoming contract. Attorney Sliney agreed, saying the matter had been on the table for some time. Vice Mayor Paul commented that a lease agreement would raise fire/res- cue operation costs, which would be turned back to the Town by the county. The Chief agreed that at least some of the costs would be passed through to the Town; he added the Town would still be responsi- ble for its 2. 4% of the total budget. Commissioner Chambers asked of the 11 municipalities served, how many provide a building and land. In reply, Chief Brice said the county owned the Tequesta facility and several other buildings were leased, mostly from earlier volunteer groups. Noting that the response indi- cated the county was paying for every building except the Town's, the Commissioner asked if it would not be consistent with their budgeting to pay the Town an amount at least equal to what the other facilities are being paid on an average. Commissioner Chambers said he was of the opinion that further negotiations did not seem called for; it was not fair to the Town's taxpayers not to get consideration for their land and building. He suggested the Town deduct an amount equal to what other facilities were being paid. Town Commission Meeting Minutes September 5, 1990 Regular Meeting Page 4 of 11 A lengthy exchange took place between Chief Brice and Commissioner Chambers. Chief Brice pointed out that Highland Beach is approximately 4-1/2 miles away from their closest responsibility, its island setting making it costly to taxpayers of the county, other cities, and the Town itself for service to be delivered quickly and efficiently since there is no way to share resources or equipment with stations elsewhere. He noted that the actual cost of the Town's station is approximately $887,000 per year; therefore, the Town was still getting an approximate $1,000 break on total costs. Up until this year, he said, the rest of the system was subsidizing the Highland Beach operation by about $300,000 per year. Taking issue with this statement, Commissioner Chambers stated that now the Town was no longer subsidized, but was still paying based on property value, which came to about $2,800 per call, based on the number of calls made. He then asked the Town Attorney to explain how negotiations for a lease agreement had been dropped - was it on the part of the Town or the part of county officials? In reply, Mr. Sliney said that rather than the issue being dropped, it appeared the county was unwilling to accept the offset in paragraph 3 in the letter (which he referred to as a side-bar agreement) sent to then Chairman Carol Elmquist dated March 7, 1990. (A copy of this letter is attached to and made part of these minutes.) In reply to Commissioner Stewart's questions about recent improvements made by the county to the Town's building, Chief Brice introduced Bat- talion Chief Larry Manley, who said two (2) rooms had been added inside the building, the roof was repaired and new shower stalls were put in. Chief Manley answered the Commissioner's questions about future im- provements by saying he had only recently been appointed Chief to this station and did not have that information readily available. Chief Brice added that if the Commission wanted to suggest improvements, they could be considered along with discussions regarding a lease arrange- ment. A side discussion took place at this time when Terry Hubatka of Sea- gate wanted Chief Brice to address the sprinkler retro-fit mandate. She said she was not happy with this county ordinance, feeling it was an intrusion into people's homes, and asked where else in the state this was the law. Chief Brice said that so far only Palm Beach County had such an ordinance in force, but said other counties would be following shortly. He then explained some of the factors involved in a high-rise fire, saying they were more complicated than ground-level fires to contain. He added that the ordinance was enacted to attempt the highest level of safety for condominium owners. Mrs. Hubatka reiterated her opposition; Chief Brice answered that the law has been established and has not been declared unconstitutional. Going back to a possible rental agreement with the county, Mayor Boulay asked about responsibilities of meeting county standards if the Town Commission Meeting Minutes September 5, 1990 Regular Meeting Page 5 of 10 Town should become a landlord in this regard. Chief Brice replied this was one of the things that needed to be worked out, adding that if the lease is high enough, then the Town would pay for upkeep. Commissioner Chambers reiterated that he would still want rent for this year. Chief Brice replied that fire/rescue does not pay any other Town for its buildings; the taxpayers do. He also said that since the first reading for his department's total budget would take place the follow- ing evening (9/6/90) at a County Commission meeting, it was important for the Commission to move ahead with the proposed contract. He re- peated that his total budget for the coming year was in place and there was no way the figure set for the Town could be reduced. When Vice Mayor Paul asked if the Commission had not already authorized the signing of the contract as of last February (referring to paragraph 2 of Resolution 566), Town Manager Mariano said that this Resolution was adopted when the Commission authorized the signing of the agree- ment, which included those other items that were in the separate letter of agreement. At that time, she continued, it was sent back to the county, but the county did not sign it because their attorney wanted the items in the letter of agreement to be separate so all contracts would be uniform. The other difference in the Resolution being con- sidered at this meeting, she said, was that it referred to Palm Beach County Fire/Rescue only and not MSTU 3 since all MSTU's have now been incorporated. The Resolution was then read into the record and a MOTION to approve was made by Vice Mayor Paul/Mayor Boulay. Commissioner Chambers asked if the contract was not signed, would it be possible for the Town to have a month-to-month arrangement with the county; he also asked if the county would literally pull its personnel and equipment out if the contract was not signed. Chief Brice replied that a month-to-month contract would not be possi- ble and referred again to the first reading of the fire/rescue total budget the following evening, saying he must be assured at that time that his budget year does not begin with an over $800,000 deficit. Re- garding pull-out of services, he said that in a moral sense he would think this could not happen; however, from legal and liability stand- points said he had no idea what situation the county would be in if it had personnel and equipment in a municipality not under contract. Fur- ther, he commented that the proposed contract had two opt-out clauses: February 1, 1991 and 13-months thereafter (reduced from 16-months). He also stated that in excess of $18,000 had been spent in improving the Town's facility this past year, saying he hoped these actions would be construed as a sign of good faith on their part. Town Commission Meeting Minutes September 5, 199 Regular Meeting Page 6 of 11 After some further discussion, a roll call vote was taken. Results were as follows: Commissioner Waldman.......No Vice Paul Paul.. ..........Yes Commissioner Chambers......No Commissioner Stewart....... Yes Mayor Boulay ...............Yes A MOTION by Commissioner Chambers/Commissioner Stewart was then made as follows: The Commission authorizes the Town Manager to meet as soon as possible with the fire/rescue people and negotiate a lease on the building, bringing it back to the Commission for review and approval. A roll call vote met with unanimous approval. REPORTS Vice Mayor Paul - deferred due to time. Commissioner Waldman - none. • Commissioner Stewart - Noting that the former Chairman of the Water Re- sources Board had indicated various alternatives had been investigated by that board regarding a long-term water supply, Commissioner Stewart said she did not find any of this information available in their Meet- ing Minutes. Therefore, she requested the current Chairman supply the Commission with this data, to include sources, facts, figures and cost comparisons that were used. Referring to a meeting with EnCon (Loxa- hatchee River Environamental Control District) that was supposed to have been scheduled, but never was, she asked that this now be done. In this regard, the Mayor requested the Town Manager to schedule this meeting. Commissioner Chambers - none. Mayor Boulay - deferred due to time. Town Attorney - Mr. Sliney asked the Commission for direction regarding a draft ordinance pertaining to screening of satellite antenna tele- vision systems to be ready for the September Workshop. It was the consensus of the Commission that he prepare a draft to amend the existing ordinance, to consider aesthetics without signal interference. Commissioner Chambers gave Mr. Sliney information regarding a source for obtaining recent legislation regarding satellite dishes. Town Commission Meeting Minutes September 5, 19901 Regular Meeting Paae 7 of 11 Mr. Sliney will also prepare a draft ordinance regarding the reading of new ordinances into Code for discussion at the September Workshop. Regarding Concordia litigation, Mr. Sliney said he had met with their attorneys; however, there was no resolution at this. time and further discussions would take place. Town Manager - The first item to be addressed was the proposed solid waste contract. Low bidder was County Sanitation; Bill Johnson, Assistant General Manager was present for this discussion. Town Manager Mariano noted that she had reviewed the contract with the Town Attorney. Immediate changes were to substitute "contract" where- ever "franchise" appeared. Also, two sections 16.4 appeared in the language; the second of these, entitled "Change in Law" was to be de- leted in agreement with the low bidder. The contract included implementation of a recycling program and much discussion took place regarding this aspect. Mr. Johnson said that be- sides single family and 4-and under units, the contract could accommo- date 4-and over units also. All recyclables would be put in a single container, to be separated at county solid waste facilities. Pick-up time will coincide with a regular pick-up day, to be determined later. . Pertinent areas covered during review of the total contract included Commissioner Stewart's suggestion that information contained in Sec- tions 4.12 (Garbage Receptacle) and 4.13 (Garden and Yard Trash) be transmitted to residents in a "word for word" fashion in the next news- letter. The Commissioner also requested a change in the start of pick- up time from 6:00 A.M. to 7:00 A.M (Sections 6.3 and 8.4), which Mr. Johnson agreed to. Regarding holiday pick-up, Mr. Johnson noted there was a line item in the contract which calls for a price; therefore, this aspect would not have to be negotiated yearly. After some further discussion, a MOTION by CommissionerChambers/Vice Mayor Paul as follows: The Town Commission accepts the solid waste contract with County Sanitation, and authorizes the Mayor to execute same, with amendments as follows: 1) "contract" replaces "franchise" throughout. 2) Duplicate Section 16.4 (Change in Law) is deleted. 3) 7:00 A.M. replaces 6:00 A.M. as start of pick-up• 4) 5-year contract period (10/1/90 through 9/30/95). Commissioner Chambers made note for the record that the tape shall prevail regarding the content of this Motion. • Town Commission Meeting Minutes . September 5, 1990 Regular Meeting Page 8 of 11 Attorney Sliney noted that the monetary terms agreed to in the contract should be marked "Exhibit B." A short discussion took place regarding whether or not the contract was assignable. It was ascertained that it is assignable under Section 24 of the contract, the conditions of which Mr. Sliney said were the same as the previous contract. Should such an occasion arise, he advised that the Town Commission use their best judgment regarding acceptance at that time. A roll call vote on the contract met with unanimous favorable vote. Regarding a new riding mower previously discussed at a budget meeting, a MOTION was made by Commissioner Chambers/Commissioner Stewart, with unanimous vote, the $1800 from the current fiscal year funds be used for the purchase of a 39" John Deere model. Mrs. Mariano asked for direction regarding September's newsletter, say- ing that except for work on the budget, there had been little activity to report. Vice Mayor Paul referred to Commissioner Stewart's previous suggestion about getting recycling news to the residents. The Town Manager replied that reimbursable funding from the Town's grant is • available for this purpose and free educational materials will be or- dered and mailed out as soon as possible. Mrs. Mariano said she would also order the necessary bins. Commissioner Chambers requested that Mrs. Mariano prepare a press release on recycling, as well as put pertinent information on Channel 12 and Town bulletin boards. In re- gard to the program being implemented in 4-and over buildings, Mrs. Mariano said each condominium had to be addressed separately, with negotiations between County Sanitation and the individual condomini- um's Board of Directors. A over-charge of $1,500 on the Town's contract with Urban Design Studio regarding the proposed Town park was discussed in detail. The Town Manager advised that $3,000, the actual contract figure, had already been paid. Agreeing that $1500 was a large enough amount for Jo Ellen Leisinger, Urban Design's Director, to have contacted the Town Manager before incurring such costs, the Commission considered several ap- proaches to the situation. They were advised by the Town Attorney, that the Town legally was not obligated to pay. Opinions varied from adhering to the terms of the contract, splitting the difference and paying only if the Town actually proceeds to use the plan. Mrs. Mariano said she would contact Urban Design Studios, relaying the Com- mission's concerns and asking if Ms. Leisinger had any recommendations or would possibly waive the over-charge. In a discussion following Mrs. Mariano's request for direction re- • garding a dive inspection of the one viable Intracoastal water line, Commissioner Stewart asked exactly what was to be done. Mrs. Mariano Town Commission Meeting Minutes September 5, 1990 Regular Meeting Page 9 of 11 replied that on recommendation of the Water Resources Advisory Board only 12' of the pipe on each side as it enters and exits would be examined for corrosive factors. She said that Utilities Director Jack Lee was working on securing quotes; however, one had already been received for $850 from CSA, a firm that had previously done this kind of work for the Town. This price, she advised, would include pictures and a written report, but no x-rays as they were not being asked to dive the entire pipe. Commissioner Stewart commented that the previous dive had included the entire pipe; Mrs. Mariano repeated that the approach being discussed now was a WRAB recommendation. She noted that she would like to get Commission approval to award a low bid for this project and asked if the Commission might consider allowing her to do that, putting a $850 cap on the bids. Commissioner Chambers asked what CSA's technical qualifications were. In reply, Mrs. Mariano said that firms being contacted were recommended by J.M. Montgomery, the Town's engineers. However, Commissioner Stewart concurred with Commissioner Chambers, directing the Town Mana- ger to request references and what other cities they have worked for in the event that the Town might have been previously misled. • After further discussion, it was the consensus of the Commission to postpone a decision on this matter until their scheduled budget meeting on Friday, September 7. Mrs. Mariano reported that she had received census figures for the Town showing 3,123 full time residents. In reply to Commissioner Stewart's question, Mrs. Mariano replied that there were 3,348 units in the Town, 1,608 of which were not necessarily not owned, but vacant. Regarding the interlocal agreement with Palm Beach County/Community Development Grant Block Funding, Mrs. Mariano advised the Commission she had reservations about the language of the agreement. She said regardless of the intent of the county in saying that use would be in distressed areas only, she felt the Town could possibly be negatively affected since the interlocal language was structured to reflect that the Town would have no opposing powers if the county wanted to subsi- dize housing or do something else in Highland Beach. She concluded by saying what little funding the Town might effect to the county might cost the Town a lot. It was the consensus of the members to follow the recommendation not to enter into this interlocal agreement. Mrs. Mariano advised of a meeting on September 4 with Harvel Utilities regarding their contract with the Town. She said they had asked for a 30% increase in rates over the existing contract; the previous rate in- crease was two years ago at 20%. Although their rates had been eco- • nomically feasible in the past, Mrs. Mariano said that in view of the 30°s increase she had proposed a 90-day contract only, in order to check other suppliers. The Commission agreed to this 90-day contract. Town Commission Meeting Minutes September 5, 1990 Regular Meeting Page 10 of L1 TOWN BOARDS The Board Action Report for August was received as information. The vacancies on various Town Boards were addressed as follows: Vice Mayor Paul/Commissioner Chambers: Helene Harris reappointed to the Planning Board to serve her unexpired term as a Regular Member. Commissioner Stewart said she found Mrs. Harris' removal from the Board deplorable, stating that never before had a member been removed when sick and in treatment. Mayor Boulay said Mrs. Harris' wishes were honored in this regard. Commissioner Stewart/Commissioner Chambers: Frank Arenella appointed to the Community Appearance Board as an Alternate member for a one-year term. Commissioner Chambers/Commissioner Waldman: Jane Rayner • appointed to the Water Resources Advisory Board as a Regu- lar Member. Regarding televising of board meetings, the Town Manager noted that three (3) of six (6) boards had responded to this possibility via memo- randum to the Commission; the issue will be addressed by the remaining boards at their next meetings. GENERAL A brief discussion took place regarding upgrading the sound equipment for the Commission Chambers. It was the consensus of the members to discuss this matter during their budget meeting on September 7. ADJOURNMENT There being no further business to come before the Commission at this time and upon MOTION by Commissioner Stewart/Commissioner Waldman, Mayor Boulay adjourned the meeting at 9:58 P.M. dmt • Town Commission Meeting Minutes September 5, 1990 Regular Meeting Page 11 of 11 APPROVED: J sep A. Bou a , Mayor .~c~---- G~*--~ Bi 1 Paul, Vice Mayor ),~,~, i ~d i~ a~ ~' IGC ~.~ ~--~ 1. ~P.', G{.1~,~~ ~~..~/ afv,~n A. Waldman, Commissioner Bet an Commissioner C. Chambers, ommissioner •